HISTORICAL EXPERTS AND INDIGENOUS LITIGANTS: the role of Historical Expert Evidence in Federal Court Cases. Since Mabo, historians are increasingly being called as expert witnesses in cases involving indigenous litigants. Historians perceive serious difficulties in the Court's treatment of qualitative, historical material, resulting in a possible denial of access to justice. The project investigates this treatment, pursuing issues such as expert evidence generally, the specific relationship betw ....HISTORICAL EXPERTS AND INDIGENOUS LITIGANTS: the role of Historical Expert Evidence in Federal Court Cases. Since Mabo, historians are increasingly being called as expert witnesses in cases involving indigenous litigants. Historians perceive serious difficulties in the Court's treatment of qualitative, historical material, resulting in a possible denial of access to justice. The project investigates this treatment, pursuing issues such as expert evidence generally, the specific relationship between Law and History, and the particularity of cases involving indigenous claims. The investigation asks whether historians as expert witnesses can retain both their historical professionalism and adapt to the requirements of the courts, or whether the courts? rules of evidence themselves require adaptation.
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Discovery Indigenous Researchers Development - Grant ID: DI0775833
Funder
Australian Research Council
Funding Amount
$40,000.00
Summary
Aboriginal Women Law and Colonialism: Safe Places for Women. There has been extensive media reporting on violent crimes against Aboriginal women and children in Aboriginal communities across Australia, which has created wide public debate. In particular the role of the courts when sentencing Aboriginal offenders of violent crimes has drawn attention to the interpretation of Aboriginal law and culture. The evaluation of Australian case law will be invaluable in expanding the Australian communit ....Aboriginal Women Law and Colonialism: Safe Places for Women. There has been extensive media reporting on violent crimes against Aboriginal women and children in Aboriginal communities across Australia, which has created wide public debate. In particular the role of the courts when sentencing Aboriginal offenders of violent crimes has drawn attention to the interpretation of Aboriginal law and culture. The evaluation of Australian case law will be invaluable in expanding the Australian communities knowledge in this area of law and policy, in planning safer Aboriginal communities for Aboriginal women and children in the future. Read moreRead less
Performing Indigenous Sovereignty: Aboriginal Australian commercial performances 1800-1949. This project strengthens our understanding of Australia's place in the world and enhances our capacity to interpret ourselves by substantially enriching knowledge about Australian race relations in the nineteenth century. This new knowledge about Indigenous participation within the material and cultural economies of Australia adds significant new dimensions to Australian cultural history. This also contr ....Performing Indigenous Sovereignty: Aboriginal Australian commercial performances 1800-1949. This project strengthens our understanding of Australia's place in the world and enhances our capacity to interpret ourselves by substantially enriching knowledge about Australian race relations in the nineteenth century. This new knowledge about Indigenous participation within the material and cultural economies of Australia adds significant new dimensions to Australian cultural history. This also contributes to Australia's internationally recognised leadership in cross-cultural performance studies, informing pedagogy and scholarship. This project has the added benefit of contributing to the mental health and well being of Indigenous people by reclaiming positive elements of their cultural history since colonisation.Read moreRead less